Court : Kerala
Decided on : Sep-14-2015
..... claim of the life insurance corporation against a former insurer which had been ordered to be wound up by the company court. this case was w.a. nos.2516 of 2009, 764 of 2010 & 184 of 2010 -:99. :- followed in giving to the provisions of the recovery of debts due to banks and financial institutions act 1993 (rdb act) overriding effect over the provisions of the companies act, 1956. the rdb act constitutes a tribunal and by ss.17 and 18 confers upon the tribunal exclusive jurisdiction to entertain and decide applications from the banks ..... be those which are capable of being subject of litigation. such a qualified definition of the term 'dispute', as we will shortly demonstrate, was intentional.103. the judgment in balachandran (supra) was rendered by the full bench in the context of the unamended section 69 of the 1969 act. section 69, as interpreted in balachandran w.a. nos.2516 of 2009, 764 of 2010 & 184 of 2010 -:150. :- (supra), to the extent it is relevant, provided that notwithstanding anything contained in any law for the time being in force, if a dispute ..... in the said area and all grants of profits a prendre including the right to enter upon the land, fell, cut and remove the specified forest produce from the w.a. nos.2516 of 2009, 764 of 2010 & 184 of 2010 -:43. :- said area, shall stand rescinded, whether such forest produce is grown or found on land owned by private persons or on land owned by the state government or in government forests provided that rescission of such .....
Tag this Judgment!Court : Delhi
Decided on : Nov-27-2015
..... notice the relevant statutory provisions. 4. in exercise of the powers conferred in it under section 49 of the life insurance corporation act, 1956 and with the previous approval of the central government, the lic made the regulations called the life insurance corporation of india (agents) regulations, 1972 which shall apply to all agents appointed by lic for the purpose of soliciting or procuring life insurance business for lic. the regulations contain specific provisions prescribing the qualifications for appointment as agents, the ..... exceeds its power of judicial review at the very threshold. therefore, a charge-sheet or show-cause notice, issued in the course of disciplinary proceedings, cannot ordinarily be quashed by the court. the same principle is applicable in relation to there being a delay in conclusion of disciplinary proceedings. the facts and circumstances of the case in question have to be examined taking into consideration the gravity/magnitude of charges involved therein. the essence of the matter is ..... no order as to costs. ? 42. that being so, the learned single judge cannot be held to have committed any error in considering the matter on merits and recording the findings on the sustainability of the impugned orders of termination. 43. as could be seen from the order under appeal, the learned single judge had painstakingly examined the voluminous documents produced by the lic and thereupon recorded the findings of fact as under: 57. on a detailed examination of .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-15-2015
Common Oral Judgment: 1. The appellant, the Regional Director-Employees State Insurance Corporation (hereinafter referred to as 'the Corporation' for the sake of brevity) has filed the present appeal under Section 82 of the Employees State Insurance Act of 1948 (hereinafter referred to as 'the ESI Act' for short) against the order dated 27.07.2001 rendered by ESI Court, Bhavnagar, in ESI Application No.(22/1993old) (40/1996new). (hereinafter referred to as ESI Application No.40 of 1996). 2. Heard learned advocate Mr.Mayur S. Barot for the appellant. Though served, respondent has not filed appearance. Matter is adjourned from time to time. However, the appeal is of the year 2002 and therefore, the same is taken up for final hearing in absence of the respondent. 3. Learned advocate Mr.Barot appearing for the appellant mainly submitted that the present respondent unit was working as one of the units of National Dairy Development Board and was carrying on manufacturing activity in connecti...
Tag this Judgment!Court : Chennai Madurai
Decided on : Dec-10-2015
(Prayer: Petitions under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus, to call for the records on the file of the second respondent in connection with the impugned order passed by him in Ref.SZ/P and IR/Desk-III dated 21.08.2015 and quash the same and consequently directing the respondents 1 and 2 to promote the petitioners to the post of Assistant Administrative Officer in accordance with Life Insurance Corporation of India Development Officers (Revision of Certain Terms and Conditions of Service) Rules, 2009 and Life Insurance Corporation of India Class III and Class IV Employees (Promotion) Rules, 1987.) 1. Several writ petitions have been filed by the Development Officers, who are presently working in the Life Insurance Corporation of India, CBO-IV branch, Madurai and other branches, seeking a writ of certiorarified mandamus, to quash the impugned order passed by the Zonal Manager, Life Insurance Corporation of India, Chennai ...
Tag this Judgment!Court : Kerala
Decided on : Mar-09-2015
..... . the corporation was established and incorporated under section 3 of the life insurance corporation of india act, 1956. section 6 of the act enumerates the functions of the corporation. section 23 empowers the corporation to employ such members of persons as it may think fit to discharge its functions under the act. under section 48 the central government is empowered to make rules. under section 49 the corporation, with previous approval of the central government, is empowered to make regulations. in exercise of power under section 49, the life insurance corporation of india (staff) regulations, 1960 has been framed by the corporation with previous approval of the central government. regulation 2 of the regulations, 1960 is regarding applicability ..... made without following any rational procedure in the lower rungs of various services of the union and the states." 28. thus, the case of nihal singh (supra) was on its own facts and in view of the special feature, as noted in the judgment itself, the apex court held the wa.1707/14 43 appointment not to be irregular appointment. in the above circumstances, the apex court held that those employees were entitled to be regularised in service.29. thus, the above case is clearly distinguishable from the present case. in the present case the appointment has been offered as contractual appointment for limited period .....
Tag this Judgment!Court : Kerala
Decided on : Aug-03-2015
..... application of power by the zonal manager has resulted in arbitrariness.16. shri s.easwaran, learned counsel for the lic refuting the above submissions of the learned senior advocate for the petitioners contended that the w.a. no. 2006 of 2014, etc. -:17. :- validity of rules 6(8) and 7(1) has already been upheld by the learned single judge. it is submitted that the lic is a business organization and rules have been framed by the central government under section 48 of the life insurance corporation act, 1956 ..... a promotion post and is separate cadre, w.a. no. 2006 of 2014, etc. -:43. :- therefore, the plea of discrimination is unsustainable. further, in the present day of competitive business environment, if the central government is of the view that the development officers can be removed for non-performance, it is policy decision, which cannot be lightly questioned without specifically disclosing violation of any constitutional provision or provisions of the life insurance corporation act. accordingly, we do not find any good ground to hold that the ..... special leave and quarantine leave : an employee on maternity leave, special leave or quarantine leave shall draw leave salary equal to the salary he drew on the day preceding that on which he proceeded on such leave." 43. there is no dispute that the employer have granted maternity leave for six months and petitioner w.a. no. 2006 of 2014, etc. -:76. :- has been drawing salary for the aforesaid period. learned senior advocate for .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-29-2015
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.8542 OF2009LIC OF INDIA APPELLANT VERSUS INSURE POLICY PLUS SERVICES PVT. LTD. & ORS RESPONDENTS JUDGMENT VIRKAMAJIT SEN, J.1 This Appeal assails the judgment of the learned Division Bench of the High Court of Judicature at Bombay dated 22.3.2007, which allowed the writ petitions of the First and Second Respondent herein. In this detailed and indeed lucid Judgment it has been clarified that the insurance policies issued by the Appellant are transferable and assignable in accordance with the provisions of the Insurance Act, 1938 and in terms of the contract of life insurance. 2 The First Respondent is a company which is engaged, inter alia, in the business of accepting and dealing in assignment of life insurance policies issued by the Appellant. The Second Respondent is the Director and shareholder of the First Respondent. The Third Respondent is a statutory authority established under Section 3 of the...
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-18-2015
..... impleaded in the pending reference case vide order dated 06.04.1995. the corporation is a creature of the statute, namely, life insurance corporation act, 1956 (for short "the lic act"). section 48 of the lic act enables the central government to make rules to carry out the performance of the act by notification in the official gazette. section 49(1) of the lic act empowers the corporation to make regulations not inconsistent with the provisions of the lic act and the rules made there under provide for all matters for which provision is expedient ..... courts. it was further held by the division bench that the reliance placed on paragraph 53 of the secretary, state of karnataka v. uma devi[2]. by the appellants was misplaced as the ratio laid down in the said case is not applicable to the facts of the present case under any circumstance. it was further held that in the present cases, there is a specific rule which provides as to how recruitment has to be made to the vacant posts on regular basis, and the workmen ..... it in accordance with law." in view of the statement of law laid down by this court in the above referred case, the reliance placed upon para 43 and 47 of d. j.bahadur case and other cases relied upon by the learned senior counsel for the corporation are misplaced and the same do not support the case of the corporation.27. in view of the law laid by this court in the case referred to supra, both the award of justice tulpule reiterated by way of clarification award by justice .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-12-2015
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.10251 OF2014ASGER IBRAHIM AMIN .. APPELLANT VERSUS LIFE INSURANCE CORPORATION OF INDIA .. RESPONDENT JUDGMENT VIKRAMAJIT SEN, J.1 The question which falls for consideration is whether the Appellant is entitled to claim pension even though he resigned from service of his own volition and, if so, whether his claim on this count had become barred by limitation or laches. 2 The Appellant joined the services of the Respondent Corporation on 30.6.1967 on the post of Assistant Administrative Officer (Chartered Accountant) at the age of twenty seven. He worked for 23 years and 7 months in the Corporation before tendering his resignation on 28.1.1991, owing to family circumstances and indifferent health, presumably having crossed fifty years in age. The request of the Appellant for waiver of the stipulated three months notice was favourably considered by the Corporation vide letter dated 28.2.1991, and the App...
Tag this Judgment!Court : Karnataka
Decided on : Nov-04-2015
1 R IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE4H DAY OF NOVEMBER2015PRESENT THE HON'BLE MR. JUSTICE N.K.PATIL AND THE HONBLE MR.JUSTICE PRADEEP D. WAINGANKAR M.F.A. No.1332 of 2014(MV) Between:1. Mrs. Rajeshwari G. Bhuyar, 2. W/o. Late Annappa Mallappa Hipparagi, Aged about 40 years. Baby Apeksha .A D/o. Late Annappa Mallappa Hipparagi, Aged about 15 years, Rep. by her natural Guardian her Mother Appellant No.1. Both are Residing At Flat No.305, Ashoka Windows, 5th Main, Malleshpalya, Bangalore 75.3. Mr. Mallappa Annappa Hipparagi, S/o. Late Annappa Hipparagi, Aged about 80 years.4. Smt. Kasturi, W/o. Mallappa Annappa Hipparagi, Aged about 71 years. Appellant Nos. 3 & 4 are Residing at No.46, Sangameshwari Nagar, APMC Road, Belgaum. Presently Residing at Flat No.305, Ashoka Windows, 2 5th Main, Malleshpalya, Bangalore 75. ... Appellants (By Shri. R. Vijaya Kumar, Advocate) And:1. Sindhu Travels, Devabhaktuni Sridevi, No.513, 8th Block, Opp. Post Office, Koramangala, B...
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